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Research Paper Volume 9 Issue 2 935 - 957 April 3, 2026

Indigenous Rights and the Traditional Knowledge in Marine Conservation

Lead author · Corresponding
C Dhanalaksmi
Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, TamilNadu, India
Abstract

Marine ecosystems are under severe threat from overfishing, pollution, habitat loss and climate change, while many state‑centred, science‑driven conservation models have marginalized Indigenous peoples despite their long‑standing stewardship of seas and coasts. The literature shows that Indigenous rights in marine areas are unevenly recognized, with a persistent gap between terrestrial and marine rights and frequent environmental injustices around marine protected areas (MPAs), including exclusion from decision‑making and loss of access. At the same time, Indigenous traditional ecological knowledge (TEK) underpins effective practices such as fishing taboos, sasi in Indonesia, kapu in Hawai‘i and culturally embedded subsistence calendars, which function as sophisticated conservation and management systems. These customary institutions support biodiversity, sustain livelihoods and embody a “community of beings” ethic that contrasts with Western notions of domination over nature. This study, using a doctrinal method and secondary sources, argues that integrating Indigenous rights and TEK into marine governance is essential for ecologically sustainable and socially just conservation. It highlights the need to move beyond viewing TEK as supplementary data, towards recognizing Indigenous peoples as rights‑holders and co‑governors of marine territories.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 935 - 957
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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